Opinion
No. 05-2532-PHX-ROS.
June 2, 2006
ORDER
On August 23, 2005 Plaintiff, who was at that time incarcerated at the Durango Jail, filed the instant civil rights complaint pursuant to 42 U.S.C. § 1983 (Doc. #1). On May 5, 2006, Magistrate Judge Estrada issued a Report and Recommendation ("RR") recommending that the Complaint be dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure (Doc. #7). No objections were filed by either party.
The Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). It is "clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ( en banc) (emphasis in original); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1126 (D. Ariz. 2003) ("Following Reyna-Tapia, this Court concludes that de novo review of factual and legal issues is required if objections are made, `but not otherwise."'). District courts are not required to conduct "any review at all . . . of any issue that is not the subject of an objection." Thomas v. Arn, 474 U.S. 140, 149 (1985). No objection having been made, the Court will adopt the RR in full.
Accordingly,
IT IS ORDERED that the Report and Recommendation (Doc. #7) is ADOPTED and this action is DISMISSED WITHOUT PREJUDICE.